================================================================================
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
----------
FORM 8-K
----------
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported) August 4, 2004
EMISPHERE TECHNOLOGIES, INC.
(Exact name of Registrant as specified in its charter)
DELAWARE 1-10615 13-3306985
---------------------------- ----------------------- --------------
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification
Number)
765 Old Saw Mill River Road, Tarrytown, New York
10591
------------------------------------------------------------
(Address of Principal Executive Offices) (Zip Code)
(914) 347-2220
------------------------------------------------------------
(Registrant's telephone number, including area code)
N/A
------------------------------------------------------------
(Former name or former address, if changed since last report)
================================================================================
ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.
(c) Exhibits. 99.1 Press Release, dated August 4, 2004, reporting the
results of operations of Emisphere Technologies, Inc. (the "Registrant") for its
fiscal second quarter ended June 30, 2004 (furnished and not filed herewith
solely pursuant to Item 12).
ITEM 12. DISCLOSURE OF RESULTS OF OPERATIONS AND FINANCIAL CONDITION
On August 4, 2004, Emisphere Technologies, Inc. issued a press release
announcing results of operations for the fiscal second quarter ended June 30,
2004. The Company also highlighted its progress related to development programs
using its proprietary eligen(R) oral drug delivery technology. A copy of the
press release is furnished herewith and is incorporated by reference herein as
Exhibit 99.1.
The information in this Current report and attached Exhibit are being
furnished and shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of that section or Sections 11 and 12(a) (2) of the Securities Act
of 1933, as amended, except as shall be expressly set forth by specific
reference in such filing.
2
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
EMISPHERE TECHNOLOGIES, INC.
Dated: August 4, 2004
By:
------------------------------
Name: Elliot Maza
Title: Chief Financial Officer
3